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What Do Pain & Suffering Damages Cover in a Personal Injury Claim? September 3, 2018

Milford, Pike
What Do Pain & Suffering Damages Cover in a Personal Injury Claim?, Milford, Pennsylvania

If you get hurt in some kind of accident, you are going to incur more than just financial losses. In addition to the costs associated with treating your injuries and missing work, you will have to cope with physical pain and emotional stress. Fortunately, you can recover compensation for such non-economic damages by filing a successful personal injury claim. Here, the compassionate team at Levy, Stieh, Gaughan & Baron PC in Milford, PA, explains what all injured parties should know about pain and suffering damages.

Defining Pain & Suffering

If you examine the individual components that make up a personal injury settlement, pain and suffering damages fall under the non-economic category, which means they do not have a set dollar amount. Instead, pain and suffering refers to the physical challenges and emotional trauma you must face as a result of your injuries. Unlike other states, Pennsylvania does not cap the total amount that claimants can recover in non-economic damages, unless the defendant is a government entity. 

Quantifying Pain & Suffering

personal injurySince there are no receipts for pain and suffering, it can be hard to quantify these damages. There are two widely accepted approaches for calculating a reasonable figure, though. The per diem method assigns a set dollar amount to your daily struggles. This might be a full day’s wages, for example, or something relatively low, like $100. This figure is then multiplied by the number of days you spend recovering until you have reached maximum medical improvement.

The multiplier method, on the other hand, multiplies the total economic damages by a factor that usually ranges from 1.5 to 5. The precise factor used will depend on the severity of the injuries.

If you were hurt because of someone else’s negligence and want to pursue compensation for pain and suffering, turn to the legal team at Levy, Stieh, Gaughan & Baron PC. Based in Milford, this general practice law firm is proud to help accident victims recover the compensation they need to feel whole again. In addition to personal injury, they can also assist with cases that fall under criminal law, family law, business law, estate planning and probate, real estate law, and civil litigation. Visit their website to explore the broad range of legal services they provide, and call (570) 296-8844 to schedule your initial consultation.

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